From 2019, interested parties can apply for the new FinTech licence. The Swiss Financial Market Supervisory Authority FINMA is responsible for granting this licence. It has published guidelines aimed at simplifying the application process. To boost innovative financial companies, the Swiss parliament has introduced the new FinTech licence (persons under…
In mid-June 2018, the Swiss parliament launched a new licensing category, known as the FinTech licence, with the aim of promoting financial market innovation. This new licensing category under the Banking Act (BA) will apply to institutions which accept public deposits of up to CHF 100 million but which do…
Currently there is no legally recognised classification of tokens, neither in Austria nor on a European or international level. The literature differentiates between three different types: Security / Investment Tokens (hereafter referred to as “Security Tokens”) Payment / Currency Tokens (hereafter referred to as “Payment Tokens”) Utility Tokens This classification…
The Swiss Financial Market Supervisory Authority FINMA has launched enforcement proceedings against envion AG. FINMA has evidence that the company may have breached financial market law in relation to an ICO. FINMA launched enforcement proceedings against envion AG in July 2018. The proceedings focus in particular on possible breaches of…
The increasing use of new technologies and IT systems creates numerous advantages, but also dangers. Due to global networking and the high data density that technical progress brings with it, any financial intermediary can become a potential target for cybercrime. The FMA therefore attaches great importance to the topic of…
Austrian Banking Act (BWG; Bankwesengesetz) deposit-taking business Where capital is not collected in the form of crypto assets, but are instead collected in the form of a currency that is legal tender and the ICO foresees the repayment of such funds, then the activity requiring a licence of deposit-taking…
In guidelines published today, the Swiss Financial Market Supervisory Authority FINMA sets out how it intends to apply financial market legislation in handling enquiries from ICO organisers. The guidelines also define the information FINMA requires to deal with such enquiries and the principles upon which it will base its responses,…
The Swiss Financial Market Supervisory Authority FINMA has published the amended circular “Public deposits with non-banks”. Changes made to the circular define more clearly the new FinTech regulations on sandboxes and the extended timeframe for settlement accounts introduced by the Federal Council. The circular enters into force on 1 January…
The Financial Market Supervisory Authority FINMA has observed a marked increase in initial coin offerings (ICOs) conducted in Switzerland. It has today therefore issued FINMA Guidance 04/2017 on this topic. FINMA has also indicated that it is investigating a number of ICO cases to determine whether regulatory provisions have been…
The UK Government has recently launched a ‘Call for Information’ on the benefits and risks of digital currencies. The move, which is intended to support the growth of the UK as a global financial centre, builds on its earlier announcement of conducive tax rules for trading and ‘mining’ activities. The…
The Australian Tax Office (ATO) on August 20, 2014, released comprehensive but general guidance on the tax treatment of cryptocurrencies in Australia, and specifically bitcoin. The ATO has decided that transacting with bitcoins is akin to a barter arrangement, with similar tax consequences. The ATO’s view is that Bitcoin is…
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